Court No. - 89
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49022 of 2021 Applicant :- Pawan Opposite Party :- State of U.P.
Counsel for Applicant :- Shekhar Gangal Counsel for Opposite Party :- G.A.
Hon'ble Vikas Budhwar,J.
Heard Sri Shekhar Gangal, learned counsel for the applicant, and Sri D. N. Tiwari, learned AGA for the State.
This bail application purported to be under Section 439 of the Cr.P.C. has been moved on behalf of Pawan for seeking bail in Case Crime No. 116 of 2021, under Sections 307, 504, 120B IPC, Police Station- Pisawa, District- Aligarh.
The bail application of the applicants has been rejected by the court below, on 05.10.2021..
Learned counsel for the applicants has argued that the FIR has been lodged by one Praveen Kumar Gautam against the applicant and two others with relation to the commission of the offence on 07.09.2021, u/s 307, 504 IPC at police station- Pisawa, District- Aligarh being FIR No. 0116 on 07.09.2021. Learned counsel for the applicant has further argued that even if, the version so mentioned in the FIR in question is taken on face value then the applicant cannot be hold to be guilty of the commission of the offence and the allegation against the applicant is general in the nature. The learned counsel for the applicant has drawn the attention of the Court towards annexure-2 of the application being the statement of the informant (injured) u/s 161 Cr.P.C. wherein he has stated that it was Jaiveer who itself had fired, on account whereof the complainant got injured and so far as the applicant as well as the co-accused Sonu, they have not fired rather they were not present at that time. Learned counsel for the applicant has next argued that the role so ascribed to the applicant cannot constitute the offence u/s 307 and 504 of IPC so as to attracts the penal provision in that regard. The learned counsel for the applicant has next argued that he does not possess any criminal history as he is referred to paragraph no. 25 of the affidavit in support of the bail application. The learned counsel for the applicant has relied upon the order dated 13.12.2021 passed by coordinate Bench of this Court in Crl. Misc. Bail Application No. 4873 of 2021 (Sonu Vs.State of U.P. and Another) so as to contend that the applicant is also entitled to be released on bail on the ground of parity in respect of the reasoning so given in the said order that the injured in his statement ascribed the gun shot injury to the co-accused Jaiveer, he has not made any allegation against the applicant. The learned counsel for the applicant has further submitted that the applicant is in jail since 17.09.2021. He lastly submits that if the applicant is released on bail, he will not misuse the liberty of bail.
The learned AGA for the State has though opposed the bail, but has not controverted the above mentioned facts. However, the learned A.G.A. has not disputed the fact and the legal submissions as argued by the learned counsel for the applicant.
Looking into the nature of the offence, there are no chances of accused fleeing from justice and period of detention in jail, without expressing any opinion on the merits, this case is found to be a fit case for bail.
Courts have taken notice of the overcrowding of jails during the current pandemic situation (Ref.: Suo Motu Writ Petition (c) No. 1/2020, Contagion of COVID 19 Virus in prisons before the Supreme Court of India). These circumstances shall also be factored in while considering bail applications on behalf of accused persons.
In the light of the aforenoted discussion and without making any observations on the merits of the case, the bail application is allowed.
Let the applicant Pawan, involved in aforesaid crime be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
(i). The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
(ii). The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(iii). The applicants shall not indulge in any criminal activity or commission of any crime after being released on bail.
(iv). The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court to any police officer or tamper with the evidence.
(v). In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
(vi). Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.
Order Date :- 22.12.2021 Nisha